53-1-202. (Temporary) Department of corrections. (1) Adult and youth correctional services are included in the department of corrections to carry out the purposes of the department.
     (2) Adult corrections services consist of the following correctional facilities or programs to incarcerate and rehabilitate felons pursuant to Title 46, chapter 18:
     (a) the Montana state prison;
     (b) the Montana women's prison; and
     (c) appropriate community-based programs for the placement, supervision, and rehabilitation of adult felons who meet the criteria developed by the department for placement:
     (i) in prerelease centers;
     (ii) under intensive supervision;
     (iii) under parole or probation pursuant to Title 46, chapter 23, part 2; or
     (iv) in other appropriate programs.
     (3) Youth correctional services consist of the following correctional facilities or programs to provide for custody, supervision, training, education, and rehabilitation of delinquent youth and youth in need of intervention pursuant to Title 52, chapter 5:
     (a) Pine Hills youth correctional facility or other state youth correctional facility; and
     (b) any other facility or program that provides custody and services for delinquent youth.
     (4) A state institution or facility may not be moved, discontinued, or abandoned without the consent of the legislature.

     53-1-202. (Effective on occurrence of contingency) Department of corrections. (1) Adult and youth correctional services are included in the department of corrections to carry out the purposes of the department.
     (2) Adult corrections services consist of the following correctional facilities or programs to incarcerate and rehabilitate felons pursuant to Title 46, chapter 18:
     (a) the Montana state prison;
     (b) the Montana women's prison;
     (c) appropriate community-based programs for the placement, supervision, and rehabilitation of adult felons who meet the criteria developed by the department for placement:
     (i) in prerelease centers;
     (ii) under intensive supervision;
     (iii) under parole or probation pursuant to Title 46, chapter 23, part 2; or
     (iv) in other appropriate programs; and
     (d) the forensic unit at Warm Springs.
     (3) Youth correctional services consist of the following correctional facilities or programs to provide for custody, supervision, training, education, and rehabilitation of delinquent youth and youth in need of intervention pursuant to Title 52, chapter 5:
     (a) Pine Hills youth correctional facility or other state youth correctional facility; and
     (b) any other facility or program that provides custody and services for delinquent youth.
     (4) A state institution or correctional facility may not be moved, discontinued, or abandoned without the consent of the legislature.

     History: En. Sec. 3, Ch. 199, L. 1965; amd. Sec. 1, Ch. 320, L. 1967; amd. Sec. 1, Ch. 280, L. 1969; amd. Sec. 40, Ch. 120, L. 1974; R.C.M. 1947, 80-1403; amd. Sec. 174, Ch. 575, L. 1981; amd. Sec. 1, Ch. 132, L. 1983; amd. Sec. 11, Ch. 361, L. 1983; amd. Sec. 10, Ch. 363, L. 1983; amd. Sec. 2, Ch. 151, L. 1985; amd. Sec. 10, Ch. 14, Sp. L. June 1986; amd. Sec. 70, Ch. 609, L. 1987; amd. Sec. 15, Ch. 683, L. 1989; amd. Sec. 5, Ch. 262, L. 1991; amd. Sec. 1, Ch. 305, L. 1991; amd. Sec. 8, Ch. 651, L. 1991; amd. Sec. 9, Ch. 579, L. 1993; amd. Sec. 1, Ch. 94, L. 1995; amd. Sec. 394, Ch. 546, L. 1995; amd. Sec. 3, Ch. 557, L. 1995; amd. Sec. 237, Ch. 42, L. 1997; amd. Sec. 21, Ch. 189, L. 1997; amd. Sec. 76, Ch. 550, L. 1997.